Evidence supports denial of EEOC's appeal on ADA loss in disability discrimination suit
Lexology
The Seventh Circuit affirmed a complete victory for AutoZone Inc. ("AutoZone") in a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") claiming disability discrimination. The Seventh Circuit held that the jury's verdict was not against the weight of the evidence and the district court did not abuse its discretion in denying the EEOC's motion for a new trial. EEOC v. Autozone, Inc., No. 15-1753 (7th Cir. Jan. 4, 2016).
Disability Access Bill supports small businesses and citizens with disabilities
Alpenhorn News
Earlier this month SB269, the Disability Access Bill championed by Riverside Senator Richard Roth was signed into law by California Governor Jerry Brown. The legislation eliminated minimum statutory damages for certain minor and technical violations of the Americans with Disabilities Act (ADA) and now allows small business owners around the state four months to fix disability access issues before having to pay the state’s minimum civil liability of $4,000 for each violation—liabilities incurred when certain disability access requirements are not met. The legislation also included certain caveats that cap the liabilities at a maximum of $2,000 under certain conditions. SB269 also reduced the employee ceiling for qualifying businesses from 100 to 50 employees and made other miscellaneous clarifications.
Temporary Assignment of Worker with Disability to Light Duty OK
SHRM
If an employer accommodates an employee with a disability by temporarily assigning her to a light-duty position, when that assignment ends, her job remains the original role for which she was hired, according to the 5th U.S. Circuit Court of Appeals. Thus, if she still cannot perform the essential functions of her original job even with reasonable accommodations, the company may terminate her employment without subjecting itself to liability under the Rehabilitation Act (or, presumably, the Americans with Disabilities Act). The U.S. Postal Service (USPS) hired Tammie Wade in 1997 as a mail-processing clerk. The position required her to stand for long periods of time at a mail-sorting machine. Starting in 2000, Wade began suffering from disabilities that rendered her incapable of standing for more than 15 minutes. Since she could not perform the essential functions of her position, she applied for a temporary assignment to light-duty work. The USPS granted her request and assigned her to light-duty “manual casing” work. Thereafter, Wade would renew her request and receive the accommodation on a regular basis. In June of 2010, Wade was injured in a car accident. She sought to return to her manual casing role in December 2010, but the USPS no longer had such work available. It placed her on leave until March 2012 and then terminated her employment because she was unable to perform her essential job functions after being on leave for more than one year. Wade sued for retaliation and failure to accommodate under the Rehabilitation Act, which to government agencies and contractors is similar to the Americans with Disabilities Act (ADA). The Rehabilitation Act protects individuals with disabilities who are “otherwise qualified” to do their jobs with or without reasonable accommodations. The USPS moved for summary judgment, arguing that Wade was not a “qualified individual” because she could not perform the essential functions of the mail-processing clerk position with any accommodation short of reassignment, and saying that it had no existing vacant positions to which it could reassign her. Wade argued that her job actually was the light-duty manual casing work to which she was assigned on a temporary but repeated basis. The 5th Circuit agreed with the USPS, holding that Wade’s job was mail-processing clerk for purposes of the Rehabilitation Act analysis. It found Wade could not dispute the manual casing position was essentially an ad hoc assortment of tasks rather than an actual job with an official description and salary. The court explained that the USPS might have a duty to accommodate Wade by assigning her to an existing and vacant position, but if no such position was available it did not need to create a new position. Wade v. Megan J. Brennan, Postmaster General, 5th Cir., No. 15-30653 (May 2, 2016).
Harris Student Claims that University Is Violating Disability Laws
The Chicago Maroon
Harris student Cecilia Black has claimed that the University is violating disability laws as mandated by the Americans with Disabilities Act (ADA).
Lawsuit says Shasta Co. Jail mistreats disabled inmates
KRCRTV.COM
The lawsuit alleges the jail abused inmates with disabilities and retaliated against inmates who tried to make their concerns known. The federal suit alleges the jail routinely fails to comply with the Americans with Disabilities Act (ADA) along with other federal and state laws.
The plaintiffs named in the lawsuit are Everett Jewett, Glen Harold Everett, Michael Don Ackley, Robert Marquette and Legal Services for Prisoners with Children. The defendants named in the lawsuit include Shasta County, the Shasta County Sheriff's Office, Sheriff Tom Bosenko and California Forensic Medical Group.
The lawsuit claims violations at the jail prevented disabled inmates from showering, sleeping and moving around. The lawsuit alleges some plaintiffs were put in solitary confinement or even denied cancer medication for speaking up about the problems.
10 Interview Tips Based on ADA Guidelines; Questions to Ask
Small Business Trends
The job interview is perhaps the most critical part of the hiring process. It’s where employers gain information about an applicant’s experience, skills and abilities to make an informed decision regarding his suitability for the job.
Title 1 of the Americans with Disabilities Act (ADA) makes it unlawful for an employer to discriminate against a qualified job applicant who happens to have a disability. If not managed properly, however, the interview could run afoul of ADA guidelines, causing not only embarrassment for the employer and applicant but also potential fines to the company.
But how is an employer or hiring manager to know which questions are appropriate to ask, that abide by ADA guidelines, and which are not? Also, what particular rules of etiquette apply when interviewing a candidate with a disability that may also coincide with Title 1?
This article seeks to address those issues. It includes ten interview tips based on ADA guidelines as well as a list of questions that employers can ask and those they cannot.